SCIE Guide 12: Making referrals to the POVA list
Please note: The information contained in this guide is now out of date and it should be used for reference purposes only. For current information about the Vetting and Barring scheme please visit the Independent Safeguarding Authority website.
Appendix 3: Schedule 2 pre-employment
Information and documents required in respect of persons carrying on, managing or working at a care home
The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004, Statutory Instrument 2004 No. 1770
SUBSTITUTED SCHEDULE 2 TO THE CARE HOMES REGULATIONS 2001: Schedule 2, Regulations 7, 9 and 19
1. Proof of identity, including a recent photograph.
2. Details of any criminal offences:
(a) of which the person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974 and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975 or
(b) in respect of which he has been cautioned by a constable and which, at the time the caution was given, he admitted.
3. Two written references, including, where applicable, a reference relating to the person's last period of employment, which involved work with children or vulnerable adults, of not less than three months' duration.
4. Where a person has previously worked in a position which involved contact with children or vulnerable adults, written verification of the reason why he ceased to work in that position unless it is not reasonably practicable to obtain such verification.
5. Documentary evidence of any relevant qualifications and training.
6. A full employment history, together with a satisfactory written explanation of any gaps in employment.
7. Either
(a) where the certificate is required for a purpose relating to section 115(5)(ea) of the 1997 Act (registration under Part 2 of the Care Standards Act 2000) or the position falls within section 115(3) or (4) of that Act, an enhanced criminal record certificate issued under section 115 of that Act
or
(b) in any other case, a criminal record certificate issued under section 113 of that Act, including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.
8. A statement by the person as to his mental and physical health.
9. Details and evidence of registration with, or membership of, any professional body.
And for Wales – SCHEDULE 2 to the Care Homes (Wales) Regulations 2002
Information and documents to be available in respect of persons carrying on, managing, or working at, care homes Regulations 7, 9, 19
1. Proof of identity including a recent photograph.
2. Either —
(a) where the certificate is required for a purpose relating to section 115(5)(ea) of the Police Act 1997 (registration under Part II of the Care Standards Act 2000) , or the position falls within section 115(3) or (4) of the Police Act 1997, an enhanced criminal record certificate issued under section 115 of that Act in respect of which less than three years have elapsed since it was issued; or
(b) in any other case, a criminal record certificate issued under section 113 of that Act in respect of which less than three years have elapsed since it was issued, including, [to the extent permitted under the Police Act 1997] [and subject to paragraph 8], the matters specified in section 113(3A) or (3C) or 115(6A) or (6B) of that Act.
3 Two written references, including a reference from the last employer, if any.
4 Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended.
5 Documentary evidence of any relevant qualification.
6 A full employment history, together with a satisfactory written explanation of any gaps in employment.
7 A police check being a report produced by or on behalf of a chief officer of police or other member of a police force within the meaning of the Police Act 1996 which records, as at the time the report is produced, all criminal offences
(a) for which the person had been convicted including convictions which are spent within the meaning of the Rehabilitation of Offenders Act 1974 and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975; or
(b) in respect of which the person had been cautioned and which, at the time the caution was given, the person admitted.
8 The requirement in paragraph 2 for a certificate to include the matters specified in section 113(3C) or 115(6B) of the Police Act 1997 shall not apply in relation to a certificate that was available for the purposes of these Regulations immediately before 26 July 2004.
